the 54 senators who voted to elevate Judge Gorsuch had received around 54 million votes, and the 45 senators who opposed him got more than 73 million. That’s 58 percent to 42 percent.
.. And if the Senate confirms Brett Kavanaugh soon, the vote is likely to fall along similar lines, meaning that we will soon have two Supreme Court justices who deserve to be called “minority-majority”: justices who are part of a five-vote majority on the bench but who were nominated and confirmed by a president and a Senate who represent the will of a minority of the American people.
.. Two more current members of the dominant conservative bloc, while nominated by presidents who did win the popular vote, were confirmed by senators who collectively won fewer popular votes than the senators who voted against them.
.. Clarence Thomas, who was confirmed in 1991 by 52 senators who won just 48 percent of the popular vote, and Samuel Alito, confirmed in 2006 by 58 senators who garnered, again, 48 percent of the vote.
.. If fate were to hand President Trump one more opportunity to put a justice on the court before 2021, it would almost certainly again be a bitterly contested and close vote, and it would probably leave us with a majority of Supreme Court justices, five, who were confirmed by senators who received a minority share of the vote.
.. no Democratic president has ever taken office after losing the popular vote. And second, justices nominated by Democrats have never been confirmed by such narrow margins. Of the four liberals currently on the court, all received 63 votes or more, from senators winning and representing clear majorities of their voters.
.. we’re on the verge of having a five-member majority who figure to radically rewrite our nation’s laws. And four of them will have been narrowly approved by senators representing minority will.
.. Bill Clinton and Barack Obama did not nominate jurists who had left paper trails of judicial extremism or dropped other hints that their jurisprudence would be radical.
.. outsourced the judicial-selection process to right-wing groups like the Federalist Society and the Heritage Foundation and twice nominated judges with an eye cast largely toward how happy they would make conservative evangelicals.
.. Republicans are doing to the Supreme Court what they have already accomplished in Congress. There, through aggressive gerrymandering, they’ve muscled their way to a majority even as their candidates have sometimes received collectively fewer votes than Democrats. And now they’re doing it to the court, by breaking the rules (Merrick Garland) and advancing nominees who are confirmed by legislators representing minority support.
Teeing Off on Trump
When voters have to choose between left and right incivility, Democrats will lose.
“If you see anybody from that cabinet in a restaurant, in a department store, at a gasoline station,” Rep. Waters said in her normal habit of discourse—a shout—“you get out and you create a crowd and you push back on them.”
.. The media is calling this “the civility feud,” though the word “civility” looks quaint and innocent among this crowd.
.. Can the Democratic Party control its left?
.. History suggests that centrist and independent American voters become uncomfortable when the news is dominated, as increasingly it is now, by the left pushing politics by other means. Voters in the past have turned rightward for solutions.
.. Richard Nixon in part rode the “law and order” issue into the White House during a publicly disordered time. Ronald Reagan ran on order, too.
.. Eventually, Democrats saw they would continue to lose elections if they nominated left-wing presidential candidates like George McGovern or Walter Mondale, and so they turned to centrist Southern governors such as Jimmy Carter and Bill Clinton.
.. Supporting Sen. Sanders’s Medicare-for-all option is now mandatory writ for the party’s 2020 contenders.
.. The national Democratic template is set: Alexandria Ocasio-Cortez is it.
.. The always-whirling Mr. Trump is capable of spinning himself off his gyroscope. What he has going for himself is that his opponents are crazed. Mr. Trump knows this, because he keeps feeding their mania.
.. Psychologists will study for years how a candidate and now president whose substantive threat to “our democracy” consists mainly of unprecedented boorishness drove normally temperate people into a frenzy.
.. When the right tips over, it mostly gets grouchy, spending its energies defining people out of conservatism. The problem for the Democratic Party is that its left wing’s frenzies can turn ugly. If politics doesn’t go their way, they go into the streets, or invade a restaurant to shriek at a cabinet secretary.
Over the past week or so, two activist groups in Oregon—Occupy ICE PDX and Direct Action Alliance—have shut down the federal immigration-service building in Portland. “If they arrest us on federal property,” said one organizer, “we’ll shut the roads down. You can’t stop us.”
.. if the choice is between two brands of incivility, the Democratic version generally loses.
How Conservatives Can Win Back Young Americans
(By Ben Shapiro)
Young Americans are moving to the left. On virtually every issue, they support the Democratic party.
.. among likely American voters aged 18-29, fully 65 percent supported Democratic control of Congress. Polls consistently show greater warmth for socialism among millennials than their elders, greater sympathy for regulation, and less interest in protecting core constitutional liberties ranging from freedom of speech to freedom of religion
.. “If you’re not a liberal when you’re 20, you have no heart; if you’re not a conservative by the time you’re 40, you have no brain.” We tell ourselves that as Americans age, get married, have children, and pay taxes, they’ll inevitably move to the right.
Not anymore.
.. Older conservatives, clutching the Trump presidency like a security blanket, sound less like steady advocates for calm and more like the man questioned about how things are going just after jumping off the top of the Empire State Building: “So far, so good.”
.. among Generation Xers (born between 1965 and 1980), 29 percent considered themselves liberal in 1994; today, that number has shot up to 43 percent.
..Typically, conservatives combat this sort of broad-based political change by pointing out the extremism of the left. During the Carter era, things certainly looked dark for the GOP, but conservatives were able to point out Carter’s incompetence; after Bill Clinton’s 1992 election victory, Republicans ran against Hillarycare and higher taxes; after Barack Obama’s landslide 2008 election, conservatives made war on Democrats’ overspending and regulatory overreach.
.. Thought leaders like Ta-Nehisi Coates have sought to replace the blue-collar base of Bill Clinton with the intersectional coalition of Barack Obama, using identity politics as a club against Americans who refuse to admit their “white privilege.”
.. Instead of looking at young Americans vs. older Americans, let’s look at young conservatives vs. older conservatives. The data show that young conservatives tend toward libertarianism on issues like drugs and sex but share the same priorities as older conservatives on fiscal and economic issues.
.. It makes sense, then, that liberal social values have resonated with younger Americans. They believe that the case for religious freedom is actually a case for religious bigotry and think that opposition to same-sex marriage reflects a hackneyed version of Old Testament sexual repression. Millennials were raised on the gospel of diversity and tolerance, not the Judeo-Christian moral standards of their grandparents.
.. But the leftward shift on social issues has infused even young religious conservatives. Forty-five percent of millennial evangelicals said they supported same-sex marriage as of 2014; the numbers are undoubtedly higher now
.. Young conservatives in general are far more likely to support gay rights and marijuana decriminalization as well as openness to immigration. But they’re not embracing gay rights and marijuana decriminalization for the same reasons as liberals. Young liberals embrace the LGBTQ agenda because they believe that the strictures of traditional sexual lifestyles are damaging and intolerant; some even embrace marijuana decriminalization because they think that broadening one’s experiences by smoking pot is a necessary precondition to maturity. Young conservatives are far more likely to support same-sex marriage and marijuana decriminalization because they believe that the government should leave everyone alone.
.. Young liberals call for tolerance because they want to promulgate a lifestyle, in other words; young conservatives call for tolerance because they actually believe in tolerance, even of lifestyle choices with which they disagree.
.. Tolerance is a moral touchstone, then, for young Americans on both the left and the right, but for different reasons.
.. All of which suggests young conservatives have a shot at winning over their friends and classmates: They’re operating in the same moral universe as many of their peers.
.. They’re small government, leave-everyone-alone libertarians. Young conservatives may not care about same-sex marriage, but they’re deeply pro-life and pro-gun.
.. They militantly oppose the myth of a racist, sexist America, even as they condemn individual cases of racism and sexism.
.. An incredible 82 percent of Republican and Republican-leaning voters between the ages of 18 and 24 say they “want another Republican to challenge President Trump for the party’s nomination in 2020.”
.. Why don’t young conservatives like Trump? It’s a question that baffles older conservatives. To older conservatives, Trump has been a savior.
.. Yes, he’s rough around the edges and impolitic; he’s crude about women and ignorant about policy. But he’s politically incorrect, and he speaks the language of the average American. What’s not to like?
.. Young conservatives, however, are more likely to see Trump as an obstacle to progress.
.. they see him mainly as a club the left can wield against the right in perpetuity—a political monster living under the bed that Democrats can dredge up every time conservatives seem to be making headway. They cite his egregious response to the Charlottesville alt-right march and subsequent terror attack and his willingness to wink and nod at the alt-right during the campaign; they point to his nasty comments regarding women, as well as his penchant for bedding porn stars; they cringe at his reported comments about immigrants and balk at his nearly endless list of prevarications.
.. Older conservatives judge Trump on his politics; younger conservatives judge Trump on his values.
.. older conservatives already fought the character battle over Bill Clinton, and they carry the scars from that ordeal. They remember arguing that Bill Clinton was unfit for office based on his treatment of women and his perjury, and they remember losing that argument. They remember arguing that character counts, even as Democrats held aloft the banner of “Lion of the Senate” Teddy Kennedy, who left a woman to drown in his car and made waitress sandwiches with fellow Democratic senator Chris Dodd.
.. Older conservatives remember Mitt Romney, the cleanest candidate for high office in modern American history, being destroyed by the media over pure nonsense. Older conservatives weren’t looking for character in 2016. They were looking for a hammer.
.. Younger conservatives, however, still feel that the battle over character is unfolding, which it is—among young Americans. Young Americans are still trying to decipher which party best reflects their moral values. Trump presents a serious problem for young conservatives trying to make the character argument in favor of the Republican party. Young conservatives didn’t see the battle of 2016 as a battle in which character had already lost. They saw it as presenting a question about their own character.
.. Young conservatives want to be able to tell their friends—all future voters, by the way—that they didn’t stand by silently when a candidate of their party said he could grab women by their private parts.
.. Second, older conservatives saw the 2016 election as a cataclysmic event, perhaps, indeed, the end of the republic. Hillary Clinton posed an existential threat to the future of the country.
.. They believed that Hillary, if elected, would usher in a generation-long rule of the hard left.
.. Donald Trump’s victory, in that view, was a miracle of biblical proportions, the hand of God reaching down and plucking a reality TV star out of the realms of cornball theatrics and plopping him into the Oval Office in the biggest upset in political history.
.. Younger conservatives were far more sanguine about 2016. In their view, Hillary would certainly have been a rotten president. But would she bar the door to all future conservative victories? Younger conservatives thought such an outcome unlikely.
After all, Republicans were likely to retain control of the Senate and the House.
Furthermore, Hillary was widely disliked, burdened by scandal, and unpopular even with her own base.
Older conservatives looked at young Americans and saw the end of the country; young conservatives looked at other young Americans and saw the possibility of change.
.. Third, because young conservatives and older conservatives disagreed about the consequences of 2016, they also disagreed about the level of risk to the Republican party.
.. Thanks to the crisis mentality of older Americans, the brand damage done by Trump became of secondary concern;
thanks to the lack of a crisis mentality among younger conservatives, the brand damage done by Trump became a crucial problem.
.. Young conservatives simply couldn’t understand how so many older conservatives were willing to dispose of key planks of the Republican platform to back Trump, or why so many older conservatives who had preached to them about personal values were suddenly gushing over a man who bragged about sleeping with other men’s wives.
.. Young conservatives knew that they were constantly being called racist, sexist, and homophobic by their comrades at school; they had always responded by saying that they and their party were being slandered. And they were right. But here was Trump—a man who, during the election cycle, feigned ignorance about David Duke—providing a custom-made caricature for the use of young liberals.
.. fourth area of controversy between older and younger conservatives regarding Trump: Is Trump an asset in the fight against political correctness?
.. 71 percent of Americans “believe that political correctness has silenced important discussions our society needs to have.”
.. Older conservatives resonate to the verbal brickbats thrown by President Trump. They see him as a bull in a china shop, but he is our bull in their china shop. That’s the reason Trump could so easily escape punishment for political snafus that would have crushed any other conservative. He routinely claimed his own blunderings were the result of his willingness to fight political correctness. “Sure, he says dumb stuff sometimes,” the argument goes, “but he’s also willing to label the New York Times fake news. Nobody else fights like Trump fights!”
.. Young conservatives, by contrast, see Trump’s strategy for fighting political correctness as counterproductive. It’s one thing to attack politically correct viewpoints with data —to “destroy,” in the common YouTube parlance, political opposition through superior intellectual heft. But saying innately offensive things and then justifying those offensive statements under the rubric of political incorrectness actually undermines the battle against political correctness.
.. The left wants to make the case that when conservatives say they’re being politically incorrect, they’re actually covering for their own bigotry; lending that case a helping hand by promoting bigotry under the guise of fighting political correctness does the left’s work for it.
.. conservatives must stop promoting the notion that policy victories translate to political victory. Foolishly hopeful Republican legislators keep repeating the tired nostrum that if they simply pursue solid policy, young Americans will follow—if they pass tax cuts, cut regulation, and build up the military, they’ll stave off the impending generational electoral tsunami.
.. That argument did little to stir older Americans who had been through the political wars; it didn’t upset seasoned politics-watchers who knew that Hillary Clinton was more than a little deplorable herself. But it worked among young Americans, and it will continue to work so long as conservatives’ response is “but Hillary.”
.. So, how should conservatives respond?
They should respond by acting morally and arguing morally.
First, and most pressingly, with regard to President Trump this means condemning bad behavior.
.. Young Americans aren’t judging Trump. They’ve already judged him. They’re judging you and determining whether or not they can ever vote for the same candidates you endorse based on whether or not they admire your character.
.. Second, conservatives must argue in moral terms, and they must use moral terminology young Americans understand. This means learning to argue on secular grounds rather than religious grounds and recognizing that tolerance is a key value to young Americans.
.. Arguing in secular terms doesn’t mean arguing without reference to values. It means arguing against the controlling hand of the left. Capitalism is good because you own your own labor and you have the right to exchange that labor for someone else’s labor and no one has the right to steal your labor from you. Socialism is evil because it says that a third party can tell you what your labor is worth.
.. Political correctness and identity politics are evil because they utilize censorship to box you into a group identity that denies your individuality.
.. Most of all, conservatives can’t lose hope. A crisis mentality breeds poor decisions and short-term thinking that sacrifices long-term interests. We’ve seen discouraging trendlines before. But they can be reversed. In 1976, it would have been difficult to imagine the Reagan Revolution that was just four years away.
The Gaza Violence: How Extremism Corrupts
As you know, everybody sees the Middle East through his or her own narrative. Conservatives see it through the “front line in the war on terror” narrative and defend Israel’s actions on the Gaza border fence this week. Progressives see it through the “continued colonialist oppression” narrative and condemn those actions.
.. sometime in the 1990s, a mental shift occurred. Extremism grew on the Israeli side, exemplified by the ultranationalist who murdered Rabin, but it exploded on the Palestinian side. Palestinian extremism took on many of the shapes recognizable in extremism everywhere.
.. First, the question shifted from “What to do?” to “Whom to blame?” The debates were less about how to take steps toward a livable future and more about who is responsible for the sins of the past.
.. Second, the dream of total victory became the only acceptable dream.
.. extremists stop trying to win partial victories, insisting that someday they will get everything they want — that someday the other side will magically disappear.
.. Third, extremists over time replace strategic thinking with theatrical thinking. Strategic thinking is about the relation of means to ends: How do we use what we have to get to where we want to go? Theatrical thinking is both more cynical and more messianic: How do we create a martyrdom performance that will show the world how oppressed we are?
.. If you read the Palestinian leader Mahmoud Abbas’s April 30 speech or much of the commentary published over the past week, it’s clear that some powerful Palestinians now believe that the creation of the state of Israel is the wrong that needs to be addressed, not the expansion and occupation.
.. They rejected incrementalism. After Israel withdrew from its settlements in Gaza, the Palestinians could have declared a new opening, taking advantage of the influx of humanitarian aid. Instead, they elected Hamas, an organization that lists the extermination of the state of Israel as an existential goal. They expended resources that could have improved infrastructure to fund missiles and terrorist tunnels.
.. Yasir Arafat was once a terrorist, but at least he used terror to win practical concessions. The actions today — the knife attacks, the manipulation of protesters to rush the border fence — are of little military or strategic value. They are ventures in suicidal theater.
.. The shift from the politics of Rabin and Shimon Peres to that of Benjamin Netanyahu and Avigdor Lieberman is a move from pluralism to ethnocentrism, from relentless engagement to segregation. It’s a shift from tough realism to the magical thinking that Palestinians are somehow going to go away.
.. sometimes Israeli policies seem callously designed to guarantee an extremist response.
.. That’s the problem with extremism: It is a flight from reality. It makes you stupider. Instead of cleverly working to advance your own interest in a changing context, you end up shouting your own moral justifications into a whirlwind.
.. Extremism is naturally contagious. To fight it, whether at home or abroad, you have to answer the angry shout with the respectful offer. It feels unnatural. But it’s the only way.